Employment Law This Week
For employers navigating risk, workforce, and the bottom line. Employment Law This Week® delivers the employment and labor developments that matter—without the noise. Part of the Epstein Becker Green Insights Network.
Episodes
What employers should know about key developments this week:
- Agencies Lose Their Independence: In Trump v. Slaughter, the U.S. Supreme Court held that federal agencies such as the National Labor Relations Board (NLRB) are not "independent." The NLRB's Board members and General Counsel serve at the President's pleasure and can be removed at any time, for any reason—or for no reason.
- The Ripple Effect on the NLRB...
What employers should know about key developments this week:
- Federal Agencies Propose Fertility Benefit Expansion: The U.S. Departments of Labor, Health and Human Services, and the Treasury have issued a proposed rule to allow employers to provide fertility coverage as a limited excepted benefit, exempt from the Affordable Care Act and the Health Insurance Portability and Accountability Act's portability requirements.
- DOT Clar...
What employers should know about key developments this week:
- States Lead on Workplace AI: With federal regulators slowing new rules, individual states are setting their own requirements for employers that use artificial intelligence (AI), creating a patchwork for multistate workforces.
- California's Executive Order: Governor Gavin Newsom issued an executive order (EO) targeting AI-driven labor market disruption and directing st...
What employers should know about key developments this week:
- Two Federal Agencies Target DEI: The U.S. Department of Labor (DOL) is urging its employees to file whistleblower complaints and report diversity, equity, and inclusion (DEI) activities that violate the administration's ban. Additionally, the Equal Employment Opportunity Commission released a 2025-2029 National Enforcement Plan that prioritizes enforcemen...
What employers should know about key developments this week:
- EEOC Proposes Eliminating EEO-1 Reports: The Equal Employment Opportunity Commission (EEOC) is proposing the complete elimination of EEO-1 reports (which include employee demographic data, such as race and gender), along with the rescission of EEO-2, EEO-3, EEO-4, and EEO-5 reports.
- Fifth Circuit Rules on Remote Work Accommodations: The U.S...
What employers should know about key developments this week:
- Virginia and Maine Pay Transparency Laws: Both ...
What employers should know about key developments this week:
- Arbitration Agr...
What employers should know about key developments this week:
- DOL Proposes Joint Employer Rule: The Department of Labor (DOL) has proposed a rule reinstating the economic realities test for joint employer liability under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act, prompting employers with s...
What employers should know about key developments this week:
- NLRB Nomination...
What employers should know about key developments this week:
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What employers should know about key developments this week:
- DOL Proposes Opening 401(k) Investments: The U.S. Department of Labor (DOL) proposed a rule establishing a process-based safe harbor for fiduciaries under the Employee Retirement Income Security Act, opening the door to alternative assets—including cryptoc...
What employers should know about key developments this week:
- Artificial Intelligence (AI) Conversations Are Not Privileged: In United States v. Heppner, a federal judge found that conversations with an AI ...
What employers should know about key developments this week:
- Sixth Circuit Rejects Cemex Bargaining Order: The U.S. Court of Appeals for the Sixth Circuit refused to enforce a bargaining order issued under...
What employers should know about key developments this week:
- FTC Enforcement Shift on Non-Competes: The Federal Trade Commission...
What employers should know about key developments this week:
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What employers should know about key developments this week:
- NLRB Reinstates 2020 Joint Employer Rule: Under the National Labor Relations Board's (NLRB's) rule, a company is a joint employer only if it exercises substantial, direct, and immediate control ov...
What employers should know about key developments this week:
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Visits from Immigration and Customs Enforcement (ICE) can have negative effects on employee morale and retention, especially if a business is unprepared. Plan for ICE investigations before they happen. Learn more in this episode of Employment Law This Week.
What employers should know about recent developments:
- Proactive Response Planning: Establish a written response plan, seek guidance from lega...
Federal agencies are intensifying their scrutiny of workplace DEI initiatives, creating new and complex challenges for employers.
Key Takeaways for Employers:
- EEOC Investigations: The agency is using subpoena po...
This week, we discuss the Department of Labor's (DOL's) new compliance tools, its proposed pharmacy benefits manager (PBM) transparency regulation, and updated enforcement priorities from the DOL's Employee Benefits Security Administration. We also cover the National Labor Relations Board's (NLRB's) revamped case intake process.
DOL Releases Compliance T...
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